A tribunal's failure to expressly refer to a mandatory consideration under Ministerial Direction No 55 (cl 9.1.2(1)(a)) does not constitute jurisdictional error where the tribunal's reasons, read as a whole, demonstrate implicit consideration of the relevant matter. However, express reference to mandatory considerations remains the preferred course, and failure to do so exposes the decision to challenge and creates uncertainty.
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3 of the 55 citing cases carry a classified treatment. How each court treated it is available to signed-in members.